I pray that none of you ever experience your wife leaving you & taking your kid
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Poast new message in this thread
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Date: December 21st, 2017 4:45 PM Author: excitant center dopamine
I would always have your phone on recording audio. Just have it in your pocket on record.
California is a two party consent state so you need the other party's consent if you want to use a recording in court, but the *one* exception to this rule is if you are defending yourself against a DVTRO.
The California Supreme court has said we aren't going to allow people to hide behind our illegal wiretapping statute to make false DV allegations.
So you can use the illegal recording to defend yourself when she lies and tries to make false allegations against you.
Since she already has her boot to your throat, there is no reason for her to do this now, but if you start making progress and gaining more custody, she *WILL* resort to the TRO to drop you right back down to 5% and supervised visits.
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977741) |
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Date: December 21st, 2017 12:19 PM Author: Bull headed violent kitty international law enforcement agency
*most
**almost all
***every single one
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34975646) |
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Date: December 21st, 2017 12:26 PM Author: Khaki Hot Institution Hominid
she would say (I already typed this out once):
-I occasionally drink too much (especially before but never after the baby)
-I have lost my temper like three times after being pushed and pushed and pushed by her
-I work too much
-she thought I was not as involved as I should be with planning the wedding, plannign the honeymoon, planning the baby shower, planning her cousins baby shower, planning for the baby, caring for the baby, planning the baby's first birthday, etc
-she thought I am a bad father in general
-she doesn't love me anymore and may never have loved me
-she thinks my family is toxic and trash and doesn't want to be associated with them
-my proposal wasn't good enough
-she doesn't like my religion
-she said I was a shitty lover
-she wishes she had never married me
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34975708)
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Date: December 21st, 2017 4:34 PM Author: odious effete hell
I'm sorry friend. This is awful, and I've been there before.
It will get better, I promise. I strongly recommend reading the book "divorce busters" by some jewish lady. It won't save your marriage, but it'll help you understand why this happened. Your wife is in a relationship with someone else if you haven't figured it out yet. What she told you is known as "the script" said by every cheating woman in the history of mankind. Do not believe a single word she tells you.
I also strongly recommend listening to Chilmata. If you can find a way to get her to hit you or threaten you in some way, you will be much better off in the custody battle.
GET A LAWYER RIGHT NOW!!!!!
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977645) |
Date: December 21st, 2017 12:30 PM Author: At-the-ready Cocky Masturbator
So sorry to hear this. Make the most of your time with your daughter, but don't get into a competition with your wife over who will be the "fun parent." Be a parent. Don't give in to every whim and discipline as appropriate. It's better for her in the long-run and she'll respect you more when she's older. Do your best not to use daughter as a pawn w wife or to talk badly about wife to daughter (even if you know she does it against you w daughter).
This is a tough time of year to deal with this, but hang in there.
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34975744) |
Date: December 21st, 2017 12:56 PM Author: Fragrant tantric trailer park
We're here for you whenever you need to vent
*hug*
Hoap it gets better for you =(
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34975921) |
Date: December 21st, 2017 1:06 PM Author: excitant center dopamine
Let me give you some advice, brother, on how to handle the upcoming mediation.
1. Bring photos of you and your kids doing fun stuff. Bring photos from when they were babies to now.
2. Make a list of all the things you do with your kids during your free time. This list is the things you will also do with them when you have them with you. This shows the mediator that you aren't only concerned about lowering your child support and won't just stick them in front of the TV or drop them off at your mother's house.
3. NEVER TALK ABOUT MONEY. Don't mention child support or accuse her of wanting child support. Just don't.
4. Don't badmouth your wife. You have limited time in there. Use your time to build yourself up into the Dad of the Year.
5. You better know your kids' teacher names, what their favorite color is, who their friends are, and other shit about them. The sad fact is, in these custody disputes where fathers all of a sudden want 50/50, they don't realize they were never a 50/50 parent up to this point. Working all day, coming home and tucking them into bed is not 50/50. Its not even close. The reality is that most mothers do the child raising and all the hard work while dads are simply more fun. Dads do the fun stuff. Be realistic about how much you were actually contributing as a parent before you go asking for something unrealistic.
6. Go into mediation with a PROPOSED SCHEDULE. Don't just say you want 50/50. You need a workable schedule. If you have the kids on a weeknight, how are they going to get to school in the morning. Are they going to have to wake up super early? Because judges don't like that. If you have to get them up at 4:00 am to get them to school so you can go to your BIGLAW job, that just isn't realistic. So you need to come in with a realistic proposal.
6.a. Week on/week off is popular. You can propose that if you can get them to and from school safely and conveniently.
6.b. 2-2-5-5 plan is the most popular. Pick either Monday/Tuesday or Wednesday/Thursday as your two consistent days. Then you and mom alternate weekends. So if you have Monday and Tuesday every single week then every other weekend you will have them from Friday after school through Tuesday. Mom gets them Wednesday and Thursday and her weekend will be Wed, Thurs, Fri, Sat and Sun. That way neither of you goes a full week without them.
Any alcohol is a red flag for mediators. Better to lie here and say you only drink on occasion and never around the kids, but if you can't pull this off, don't lie.
Don't be overly defensive, show up on time, be polite and respectful, DO NOT GET ANGRY or lose your cool.
Remember, it is just a recommendation. I've overturned tons of these, but you do it by building a case FOR YOU AS A DAD, not by trashing her as a mom (unless you file for a TRO but its too late for that.)
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34976017) |
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Date: December 21st, 2017 4:15 PM Author: Khaki Hot Institution Hominid
thank you brother this is incredibly good advice and I already mentioned the 2-2-5-5 thing to my lawyer. I want to respond more fully later but can I ask you this for now:
how will the mediator respond to the fact that I came home drunk on two occasions since our child has been born? on both times she was asleep and witnessed none of my drunkenness. and I have never been drunk around the baby. TYIA
edit: also, you make it seem like I will need to get the recommendation overturned? are the mediators biased against fathers? why is everyone in this process biased against me what if my wife is crazy?
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977455) |
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Date: December 21st, 2017 4:39 PM Author: excitant center dopamine
How would the mediator know you came home drunk twice if your wife was asleep? This is starting to sound like flame.
Worst case: you can always argue nexus. There has to be a nexus between the drinking and the child, e.g., you got a DUI with your child in the car; you dropped the child on its head when you were drunk.
Mediators are incredibly biased in favor of mothers. The default custody plan is alternate weekends for you with a Wednesday night from like 5-8. That equates to 20% custody.
In fact, the software that the judges and family law attorneys use to calculate child support plugs father's timeshare in at 20% as the default setting.
Here is the most important thing I can tell you: it isn't always "bias" that screws dads. It is the fact that most mothers are SAHMs while the dad works all day. So the kids are used to seeing mom more.
Family law courts are all about "consistency" and "stability". Did you catch that? Because that's the key right there.
You will get 50% or whatever you ask for if you can show the judge that you were consistently in their lives that much.
The judges don't want to give you 50% if you haven't really sharing half of all the child raising duties. That's not because you are a man, it is because it will fuck up the little dude's brain to have such a big switch in custody, on top of his home being broken up.
But if you don't get 50/50 this round, you can always petition next year and keep chipping away. You'll get there eventually, but that means never missing your scheduled visits, never canceling, and always watching your kid when your wife asks because she wants to go drinking with Darnell.
Nothing is more important than getting to 50/50 because that will stop her from moving out of state with your kid.
If she has 60 or 70% custody, that gives her a preemptive right to move away and she WILL win that battle.
I hope you have a good attorney who knows what he or she is doing. Most family law attorneys I ran into sucked balls and I routinely served them their heads on silver platters.
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977698) |
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Date: December 21st, 2017 4:57 PM Author: Khaki Hot Institution Hominid
i'll respond to your points in turn to give your more facts. can you please let me know if any of these facts change your initial conclusions? again I appreciate your advice and I will gladly pay you for your time:
-my daughter was asleep when I came home drunk. sadly, none of this is flame.
-never did anything to create nexus between the child and my daughter. wife would have to flat out lie to argue that (but I'm not putting that past her)
-the plan we've agreed to until we can go to custody mediation is Tuesday and Thursday from 530-bed and Saturday from 8am-bed, so what you're saying is actually less than that. also, isn't it best for a one year old child to see each parent consistently, even if for short increments? not questioning you, just trying to think through the way to build my case (but not by arguing with the mediator at the sessions obviously)
-my wife did not ask for any form of support in the petition. she checked the box saying that neither of us owes the other anything
-altho my wife did not work for the first ten months, she is not back to working full time. so, the child is with our nanny from 730am-530pm every day. on MWF she's with my wife from 530-bed and on TTH she's with me from 530-bed
-wife used to have just as demanding of a job as I do, but not since kid. if she ever wants to advance in her career she's going to need to start working a whole lot more than 830-530. I think she works after the kid goes to bed
-I think I am fucked here. I worked a lot last year to try and get a promotion, which I got. but I was often gone from morning until night, although I was around all weekend and back for bedtime as much as possible
-I cannot credibly say I shared 50% of the parenting duties prior to the divorce and wife could argue that if she wanted to
-a mediator's recommendation lasts a year? jfc. in any case, I would never miss time with my kid
-so, in theory, during the period before I have 50% custody she can move away with impunity? what can I do to stop that
-my lawyer came recommended by a former BIGLAW mediator who is a family friend and seems good so far (altho not as strategic minded as I would like). but, I will gladly send you her name to your throwaway if you want to see if you know her. we're in the bay area but maybe you have contacts up here
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977848) |
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Date: December 21st, 2017 5:15 PM Author: excitant center dopamine
I don't know anyone in the Bay area. You need a family law attorney that has a credible plan to get you to 50/50.
I would be straight up with my clients. I'd tell them, "Listen, you aren't a 50% dad and its not realistic to expect that at this time. This is going to take a couple years, but this is how we're going to do it...".
You need to keep a calendar that you write in after every single visit. What time it started, ended, what you did with your daughter, etc.
You need that because when you petition for more time your lying ass bitch of a wife will try to say you were always canceling, you never even take advantage of the little time you have so why should you have more. Your calendar will be an exception to hearsay and prove her wrong.
The nanny is a good argument for getting more time. You may want to hit her with a "vocational exam" motion which reminds me: just because she isn't asking for support now means nothing. She can ask for support anytime she wants to.
I'm thinking she may have a shrewd lawyer who is anticipating the "child support" argument (she just wants to deny me custody to maximize child support). By not checking the box, she just took that ammo out of your gun.
Once the judge sets a "permanent" schedule she'll file that motion before the end of that month to preserve retroactivity.
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977969) |
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Date: December 21st, 2017 4:15 PM Author: Khaki Hot Institution Hominid
no infidelity. she would say (I already typed this out once):
-I occasionally drink too much (especially before but never after the baby)
-I have lost my temper like three times after being pushed and pushed and pushed by her
-I work too much
-she thought I was not as involved as I should be with planning the wedding, plannign the honeymoon, planning the baby shower, planning her cousins baby shower, planning for the baby, caring for the baby, planning the baby's first birthday, etc
-she thought I am a bad father in general
-she doesn't love me anymore and may never have loved me
-she thinks my family is toxic and trash and doesn't want to be associated with them
-my proposal wasn't good enough
-she doesn't like my religion
-she said I was a shitty lover
-she wishes she had never married me
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977460)
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Date: December 21st, 2017 4:50 PM Author: odious effete hell
Since you're repeating, I'm going to repeat what I said before.
I'm sorry friend. This is awful, and I've been there before.
It will get better, I promise. I strongly recommend reading the book "Divorce Busting" by Michelle Wiener-Davis. It won't save your marriage, but it'll help you understand why this happened. Your wife is in a relationship with someone else if you haven't figured it out yet. What she told you is known as "the script" said by every cheating woman in the history of mankind. Do not believe a single word she tells you.
I also strongly recommend listening to Chilmata. If you can find a way to get her to hit you or threaten you in some way, you will be much better off in the custody battle.
GET A LAWYER RIGHT NOW!!!!!
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977785) |
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Date: December 21st, 2017 5:00 PM Author: Khaki Hot Institution Hominid
thank you brother. I just really appreciate everyone's support so I want to respond to every post.
I will read this book. I've been doing anything to stop the pain (meditation, prayer, charity, etc.) I don't really care if my wife met some beta. as mentioned above, she would have to be dating one of of the raiders/warriors/sharks/giants/49'ers (only jimmg g)/etc for it to be a dude who could step to me.
do you have a throwaway? would love to talk to a dude who has been this before in more depth if you have time
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977866) |
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Date: December 21st, 2017 5:07 PM Author: odious effete hell
xojoedirtexo@gmail.com
I've been there and it's the lowest period of my life. I mostly didn't understand the "why," but after a lot of reflection things became more clear.
I truly feel your pain and I'm so happy that chapter in my life is behind me. I couldn't focus on anything during that period... not work, not activities, not XO, not even a video game. You need to find something that gets your mind off of the situation as much as possible.
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34977903) |
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Date: December 21st, 2017 11:53 PM Author: odious effete hell
I also forgot to mention that it has been about 2 years since my divorce and I've honestly never been happier.
The divorce was very much for the best, and my children are happy and healthy.
It might not seem like it now, but you WILL get through this.
During my custody battle, I went 4 months without seeing my kids. It was awful and heart wrenching, but I'm ever more grateful when I have my kids now and I don't take them for granted... not for a second.
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34981170) |
Date: December 22nd, 2017 9:17 AM Author: swollen den
Your wife sounds like my insane sister.
Also, many women feel they *deserve* Chad & get super resentful if they don't have him. They make themselves feel better by destroying the guy they are with, which psychologically reaffirms their superiority & deservingness of Chad.
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34983071) |
Date: December 22nd, 2017 10:20 AM Author: histrionic ruby school cafeteria
Brother, I don't have any practical advice for you like the other poasters do, but you have my thoughts and prayers. This sounds nightmarish and I hope things turn around for you.
(http://www.autoadmit.com/thread.php?thread_id=3836566&forum_id=2#34983541)
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